Texas
With just 3 days before Melissa Lucio’s set execution, here’s how the state could step in to halt it
AUSTIN (Nexstar) — With solely three days left till Melissa Lucio’s execution, set for Wednesday, April 27, rallies on the State Capitol proceed Sunday night making an attempt to garner state officers’ consideration to cease it.
Lucio was convicted of killing her 2-year-old daughter Mariah in Harlingen 15 years in the past.
Her attorneys now level to new proof, displaying that Mariah’s accidents had been brought on by a fall down a steep staircase. Additionally they declare Melissa might have been coerced by regulation enforcement into confessing to the homicide on the day of her daughter’s demise.
For the reason that conviction, 5 of the 12 jurors have publicly said if that they had recognized concerning the new proof, they’d not have sentenced her to demise.
With three days left, Tivon Schardl, the Supervisory Federal Public Defender in Austin who’s representing Lucio, sat down with KXAN to debate how the state may step in to both utterly halt, or delay, the execution Wednesday.
This Q&A has been edited for size and readability.
Q: The place do issues stand legally heading into this week, with each the request for clemency and a number of other filings within the court docket of appeals?
A: The present state of affairs is that the Board of Pardons and Paroles is contemplating a clemency petition on behalf of Melissa Lucio that’s supported by a supermajority of each the Home and the Senate within the Texas Legislature, in addition to a whole lot of anti-domestic violence teams, and spiritual organizations and tens of 1000’s, if not a whole lot of 1000’s of Texans. The Texas Court docket of Legal Appeals has earlier than it, a number of filings on behalf of Melissa Lucio, most of them haven’t been responded to by the state. So there’s no opposition from the state to those filings that search a keep of execution and in the end to get a brand new trial for Melissa Lucio. Additionally, the Federal Court docket of Appeals, the Fifth Circuit has earlier than it, a movement additionally a movement for a keep of execution as effectively.
Q: With that being stated, stroll us by means of the probabilities of what may occur this week.
A: We’ll hear from the Board of Pardons and Paroles [Monday] afternoon. That’s their regular means of doing enterprise. They situation their outcomes two days earlier than the scheduled execution date. Then, in fact, it’s as much as the governor whether or not he’s going to just accept that suggestion or not. Or if the advice is towards clemency, to grant a reprieve, which he has the ability to do no matter what the board decides. When it comes to the courts. We will count on to listen to from them at any time. There’s actually no approach to predict after they’re going to rule.
Q: Earlier this month, state lawmakers grilled District Lawyer Luis Saenz to withdraw the warrant for the execution, however he refused on the time. Does he at the moment have the ability to revoke the warrant?
A: Sure, the district lawyer has had the ability all alongside to seek the advice of with counsel earlier than searching for an execution date. And there’s been a movement pending within the trial court docket since February to withdraw the execution date or to rethink setting it. And the district lawyer has been capable of be a part of that movement say he doesn’t oppose that movement for months now.
Q: In your opinion, what’s the best-case state of affairs this week?
A: I feel the best-case state of affairs can be for the Texas Court docket of Legal Appeals to remain the execution and ship the case again to the trial court docket to think about whether or not Melissa Lucio ought to get a brand new trial.
Q: Is there any approach to evaluate this to another demise row instances in current historical past?
A: There hasn’t been a case like this in current Texas historical past that that I’m accustomed to. And I’ve been engaged on these instances right here on and off for 26 years. There hasn’t been a case the place a supermajority of the Texas Legislature is supporting a cease to the execution. There hasn’t been a case the place a whole lot of 1000’s of individuals have been calling, emailing, tweeting to the district lawyer and the governor to cease the execution. It is a actually extraordinary case. Now, you’ll be able to evaluate it favorably to different instances wherein the governor granted clemency. For instance, within the Bart Whitaker case, Governor Abbott commuted his sentence to life, partially as a result of the sufferer’s household who had been additionally Mr. Whitaker’s household, supported clemency. That’s the identical right here. In different instances the place there was highly effective proof of innocence, governors, together with Governor Bush and Governor Perry, have stopped executions. In order that’s comparable. The factor is about Melissa Lucio as instances you’ve all of that.
Q: How is Melissa’s household holding up whereas they watch for a solution?
A: It’s torture for them. It’s absolute torture. And I feel the people who find themselves following John Lucio, and and Michelle Lucio on social media, they see the agony that this household goes by means of, as a result of public officers don’t communicate up and simply make the precise choice about this harmless lady dealing with execution in what, three, 4 days. So it’s, they’ve been simply going by means of hell and the state of Texas is placing them by means of hell, and there’s no motive for it.
Texas
Texas AG sues Dallas for decriminalizing marijuana
Texas Attorney General Ken Paxton announced a lawsuit Thursday targeting the blue city of Dallas over a ballot measure that decriminalizes marijuana.
Paxton alleges that Proposition R, which “prohibits the Dallas Police Department from making arrests or issuing citations for marijuana possession or considering the odor of marijuana as probable cause for search or seizure,” violates state law.
The attorney general argues in the lawsuit that the ballot measure is preempted by Texas law, which criminalizes the possession and distribution of marijuana. Paxton also claims the Texas Constitution prohibits municipalities from adopting an ordinance that conflicts with laws enacted by the state legislature.
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“Cities cannot pick and choose which State laws they follow,” Paxton said in a statement. “The City of Dallas has no authority to override Texas drug laws or prohibit the police from enforcing them.”
Paxton called the ballot measure “a backdoor attempt to violate the Texas Constitution” and threatened to sue any other city that “tries to constrain police in this fashion.”
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The lawsuit comes after interim Dallas Police Department Chief Michael Igo directed Dallas police officers not to enforce marijuana laws against those found to be in possession of less than 4 ounces.
Ground Game Texas, a progressive nonprofit group that campaigned in favor of the ballot measure, argued it would help “keep people out of jail for marijuana possession,” “reduce racially biased policing” and “save millions in public funding.”
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“It’s unfortunate but not surprising that Attorney General Ken Paxton has apparently chosen to waste everyone’s time and money by filing yet another baseless lawsuit against marijuana decriminalization,” said Catina Voellinger, executive director for Ground Game Texas.
“Judges in Travis and Hays counties have already dismissed identical lawsuits filed there. The Dallas Freedom Act was overwhelmingly approved by 67% of voters — this is democracy in action.”
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Since January 2024, Paxton has filed lawsuits against five Texas cities that decriminalized marijuana possession, arguing these policies promote crime, drug abuse and violence.
Texas
Tre Johnson, Texas Longhorns Scrape Past Saint Joseph’s to Win Legends Classic
The Texas Longhorns are heading back to Austin with some early-season tournament hardware in hand.
Tre Johnson battled through another poor shooting night but closed the game out for Texas once again, scoring a game-high 17 points to lead the Longhorns to a 67-58 win over Saint Joseph’s at the Legends Classic championship round in Brooklyn Friday night.
Transfer guard Julian Larry sparked the Longhorns late, scoring all 12 of his points in the second half. Arthur Kaluma added 14 points, four rebounds and four assists while Kadin Shedrick had 10 points and six rebounds.
The Hawks were led by Rasheer Fleming, who stuffed the stat sheet with 16 points, 20 rebounds, three assists, two blocks and three steals. Xzayvier Brown added 15 points on 4 of 7 shooting.
The Longhorns jumped out to an 11-6 lead after seven early points from Kaluma. St. Joe’s started out cold from the field but controlled the game with hard-nosed defense and the occasional press while dominating the offensive glass. This was highlighted by a possession where the Hawks got four consecutive offensive rebounds but only scored one point as a result.
Johnson stayed aggressive on offense for Texas but was off on his shot and was impacted by the on-ball defense of St. Joe’s.
Mark, Pope and Johnson all hit a triple for Texas in about a two-minute span ahead of halftime to give the Longhorns their biggest lead at 32-26 but the Hawks responded with a free throw from Haskins 3-pointer from Brown before halftime to cut the lead to 32-30.
The defense from the Hawks ramped up even more, as the Longhorns were stuck in the mud on offense and had little to no ball movement. St. Joe’s was hardly much better, but its defense continued to set the tone and eventually swung the momentum.
Larry then hit back-to-back triples as the two teams traded buckets on five straight possessions. Consecutive dunks from Ajogbor and Fleming but the Hawks in front 50-46 with 8:25 to play, but Larry continued to take over. He hit 1,000 career points with a driving layup before finding Kaluma for a corner triple to put Texas back in front at 51-50.
It didn’t stop there for Larry, who found a cutting Shedrick for a dunk before diving on a loose ball down at the other end to secure possession for Texas, which had built a 55-52 lead with 3:13 left. The Longhorns used the momentum to put together an 8-0 run, which essentially sealed the win in a game where scoring felt hard to come by.
Johnson then closed the game out with six points in the final 4:11 of action, including a pullup jumper at the foul line to put Texas up 63-55 with 1:19 left.
Texas will host Delaware State on Nov. 29.
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Texas
UT System’s free tuition plan sparks resistance from some Texas lawmakers
WASHINGTON — State Rep. Brian Harrison, R-Midlothian, said Friday he plans to meet with top University of Texas System officials after they announced a plan to provide free tuition and waived fees to students whose families make $100,000 or less.
While many elected officials have praised the initiative, Harrison criticized it as an “abuse of power” that makes Texas higher education “more socialist than California.”
Harrison said Friday he’s unswayed by statements from the system and supporters who say the move will be funded from university endowments, not taxpayers.
Harrison compared such statements to someone saying they’re removing water from the shallow side of a pool, not the deep end. It’s all the same water.
“Money is fungible, so that doesn’t satisfy me in the slightest,” Harrison said.
The new initiative is an expansion of the Promise Plus Program, a needs-based financial aid initiative, and comes amid widespread concerns about the impact of inflation and college costs on families. Gov. Greg Abbott recently prohibited Texas colleges and universities from raising tuition for the next two years.
UT System Chancellor James B. Milliken hailed the expansion as a “game changer” that will make “enormous, real difference” to improve college access for all Texans.
Not everyone is a fan.
Harrison and like-minded House colleagues have compared it to President Joe Biden’s student loan forgiveness plan that drew intense blowback from conservatives and was largely struck down by the courts. They also said such a consequential change in policy should come from the elected lawmakers serving in the Legislature.
“There must be consequences,” Harrison said on X. “UT’s budget must be cut, and bureaucrats should be fired.”
He led 10 Republican lawmakers, most of them incoming freshmen, in a letter to the regents demanding answers to a litany of questions, including the price tag of the expansion and the source of that money.
“What specific statutory authority did the regents rely on to make a decision this consequential, which will have direct financial consequences for our constituents, many of whom are already struggling to put gas in their tanks and food on their tables?” the lawmakers wrote.
UT System spokesman Paul Corliss has said the program is not funded through taxes or any kind of public subsidy.
“Rather it is funded through existing UT System endowments,” Corliss said.
Rep. Donna Howard, D-Austin, hammered that point in a response to Harrison on social media.
“There are no tax dollars involved,” Howard said on X. “Higher Ed institutions are already helping families afford college. This expands philanthropic endowments and helps meet affordability goals of [Abbott and the Texas Higher Education Coordinating Board].”
Harrison and his colleagues will have to contend with many members of the public embracing a plan that already is encouraging young people to adjust their higher education aspirations.
Frank Whitefeather, a high school senior, stayed up until 2:30 a.m. Friday working on his college application essay.
He was freshly motivated after the announcement that students whose families make less than $100,000 annually will get free tuition and waived fees at the University of Texas at Austin and other schools in the UT System.
“I wouldn’t be in debt,” said Whitefeather, 17. “I wouldn’t have to have student loans.”
Whitefeather, who attends Dallas ISD’s Sunset High School, thinks the UT news also could change many of his peers’ lives. It’s already changing his plans. Whitefeather hopes to study engineering and be his own boss one day. Texas A&M and UT Austin were his top two choices, but the free tuition announcement has pushed UT ahead.
Harrison said the university system is being contradictory by simultaneously saying it has enough money to offer tuition-free education, but also that a tuition freeze could leave it cash strapped and require more funding from the Legislature.
“I guarantee you they’re going to be requesting more tax money from the Legislature next session,” he said.
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